3.  The applicant was born in 1971 and lives in Istanbul.
4.  On 10 September 2002 the applicant was taken into police custody by police officers from the Anti-Terrorism Branch of the Istanbul Security Directorate on suspicion of membership of the PKK (the Kurdistan Workers’ Party) and KADEK (the Kurdistan Freedom and Democracy Congress).
5.  On 11 September 2002 the applicant was interrogated at the Anti‑Terrorism Branch in the absence of a lawyer. According to a form explaining arrested persons’ rights which the applicant had signed, he had been reminded of the charges against him and of his right to remain silent. It was expressly indicated in the form that, as the applicant had been taken into custody in connection with an offence falling within the jurisdiction of the State Security Courts, he could only have access to a lawyer upon being remanded in custody or after the prolongation of his detention in police custody by a court order. In his statement, which was nine pages long, the applicant explained that he had gone to Greece in 1999 illegally for economic reasons, and to avoid military service. In Athens, he had first taken refuge in an organisation controlled by the PKK and had then joined a PKK camp, where he underwent political training. He had subsequently been sent back to Istanbul and from there to Iran, where he had joined another PKK camp and received further training. He had returned to Istanbul in March 2002. He stated that he was only interested in undertaking legal activities as opposed to acts of violence.
6.  At 11.00 a.m. on 13 September 2002 the applicant was examined by a doctor, who stated that there were no traces of ill-treatment on his body.
7.  He was brought before the Public Prosecutor at the Istanbul State Security Court on the same day, again in the absence of a lawyer. The applicant largely reiterated his police statements in respect of the activities he had undertaken in Greece. However, he denied the part about his activities in Iran, alleging that he had gone to Iran for commercial reasons only. He further stated that he had not been ill-treated in police custody, but only threatened.
8.  On the same day the applicant was interrogated by a single judge at the Istanbul State Security Court where he stated that he had not been not engaged in any activities for the PKK and denied the parts of the police statement which claimed otherwise. He further contended that he had only stayed at a PKK camp in Greece out of necessity. The judge ordered the applicant’s pre-trial detention at the end of the questioning.
9.  On 27 September 2002 the Public Prosecutor at the Istanbul State Security Court filed an indictment with that court against the applicant and eight other persons, accusing the applicant with membership of the PKK and KADEK, an offence under Article 168 (2) of the former Criminal Code and Section 5 of the Prevention of Terrorism Act.
10.  The case against the applicant was subsequently transferred to the Istanbul Assize Court following the abolition of State Security Courts by Law no. 5190 of 16 June 2004.
11.  On 10 April 2006 the Twelfth Chamber of the Istanbul Assize Court delivered its judgment. It acquitted four of the accused and convicted the applicant and five other accused as charged and sentenced the applicant to six years and three months of imprisonment.
12.  In convicting the applicant, the Istanbul Assize Court had regard to the applicant’s statements to the police, the public prosecutor and the single judge who had ordered his detention on remand. It also took into consideration his co-defendants’ statements regarding the applicant’s involvement with the PKK. The court further noted that, although the applicant had denied all the charges against him, such denial had no credibility in view of the evidence found in the case file.
13.  On 4 December 2008 the Ninth Criminal Chamber of the Court of Cassation upheld the judgment of the first-instance court. This decision was deposited with the registry of the first-instance court on 23 February 2009.